Accidents and injuries are unpredictable and can happen at any given time. In such situations, individuals often wonder if they are eligible to receive compensation if they were partially at fault for their injuries. If you have been injured in Vermont and are unsure about filing a claim due to partial liability, this article will provide you with all the necessary information to help you make an informed decision.
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Understanding Comparative Negligence in Vermont
Vermont follows the rule of ‘comparative negligence’ when it comes to personal injury claims. Comparative negligence means that a court will determine each party’s share of fault for the accident or injury. If the plaintiff is found to be partially at fault, their compensation will be reduced according to the percentage of fault they hold.
For example, if the plaintiff is found to be 20% at fault in an injury case and is awarded $100,000 in damages, then their compensation will be reduced by 20% ($20,000 in this case) resulting in a final compensation of $80,000.
Statute of Limitations for Personal Injury Claims in Vermont
It is important to keep in mind that all personal injury claims come with a statute of limitations in Vermont, meaning the length of time an individual has to file a claim. The statute of limitations for personal injury claims in Vermont is three years from the date of the injury.
If you fail to file a claim within this period, there is a likelihood that the court will dismiss your claim, and you will be unable to recover damages.
Factors That Affect Liability in Personal Injury Claims
Several factors can impact liability in personal injury claims and determine the percentage of fault assigned to each involved party. These factors include:
The Plaintiff’s Conduct
If the plaintiff, who was also the victim, contributed to their injury, their compensation may be reduced accordingly. Examples of conduct that could contribute to the plaintiff’s liability include failing to seek medical attention, acting negligently, or ignoring safety warnings.
Employer Liability
In cases where a plaintiff is injured while on the job, their employer may also be held liable. If the employer is found to have been negligent in maintaining a safe working environment, they may be held responsible for the plaintiff’s injuries.
Comparative Fault
If the plaintiff is partially at fault for their injury, the court will determine the percentage of fault assigned to them. The percentage will be used to reduce their compensation award accordingly.
Damages
The severity of the plaintiff’s injury will also impact their compensation. Greater injuries tend to result in higher compensation, while lesser injuries result in lower compensation awards.
Seeking Legal Advice in Personal Injury Claims
If you are considering filing a personal injury claim in Vermont, it is recommended that you seek legal advice from an experienced personal injury attorney. An attorney can gather evidence, negotiate with the responsible party, and increase your chances of receiving fair compensation for your injuries.
Moreover, the attorney can help assess your level of liability and advise you on whether filing a claim is the right decision. An experienced attorney can also help defend you against any allegations made by the other party regarding your liability.
Final Thoughts
If you are considering filing a personal injury claim in Vermont, it is important to have a good understanding of comparative negligence and how it may impact your case. The state’s statue of limitations, factors that can affect liability, and the need for legal advice should also be taken into account.
Remember to seek medical attention for any injuries you sustain and document all medical treatment, as evidence may come in handy when building your case. With the help of an experienced attorney, you can increase your chances of receiving fair compensation and reduce the stress associated with filing a personal injury claim.